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Ferry customers who have had travel plans turned upside down by ongoing cancellations may be entitled to compensation.
On Tuesday, just one ferry was carrying passengers across the Cook Strait. On Wednesday Bluebridge’s MV Straitsman and Connemara was due to resume passenger sailings after 1:30pm.Interislander’s Kaiarahi was due to take passengers from 4:30pm.
Consumer NZ chief executive Jon Duffy said under the Consumer Guarantees Act (CGA), service providers must provide their services using reasonable care and skill and that services must also be fit for their intended purpose.
“Obviously costs people incur as a result of delays need to be reasonable. It’s not an invitation to book 5 star hotels and hire Rolls-Royces. But accommodation costs, flights, and other associated costs do add up and they could well be compensated.”
READ MORE:
* ‘Hundreds of dollars out of pocket’: Travellers fume over ferry cancellations
* Yet another Interislander ferry breakdown leaves hundreds stranded on the wrong island
* Ferry cancellations continue to hamper Cook Strait travel
For airlines, customers unable to fly at their scheduled time due to mechanical failure, delays, or other unforeseen circumstances can be accommodated and rebooked with expenses falling on the airline.
Duffy said this was because airlines were subject to different governing regulations.
“Airlines are regulated by the CAA so there’s a specific piece of legislation. If the airline is at fault, it’s their responsibility to reasonably compensate consumers for costs associated with travel disruption. We believe the same should apply to ferries.
“We understand ferries are hiding behind terms and conditions for consequential loss. We don’t agree. We think the CGA applies here.”
Duffy said that even for customers who have booked flights to retrieve their cars, the Consumer Guarantees Act could potentially cover that.
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Consumer NZ chief executive Jon Duffy said compensation claims could possibly be taken to the Disputes Tribunal.
In a statement on social media, Interislander apologised for delays but said it had to wait until repairs were confirmed.
On Wednesday, Interislander executive general manager Walter Rushbrook said the company appreciated the frustrations for customers and the extra costs some had faced.
“This is a complex area and we are working through the legislation and legal requirements.
“We are working as hard to communicate with customers, to provide them with accurate and up to date information and to respond to any queries they have.”
Interislander assessed each customer’s situation on a case-by case basis, but there were circumstances which meant some of the current delays were outside its control, he said.
“Depending on those circumstances, the position set out by Consumer NZ in relation to the Consumer Guarantees Act may not apply.
“We have been refunding all affected customers for the cost of their tickets, and where the Consumer Guarantees Act applies or where we have obligations under our terms, we make sure we comply with those obligations.”
Anthony Phelps/Stuff
Would-be inter-island ferry passengers could be entitled to compensation for costs associated with their ferry cancellations.
Bluebridge has been approached for a response.
Would-be travellers at Picton and Wellington have been forced to book last minute accommodation and sometimes abandon their cars on the other island as they wait for the few ferry spots available.
Scott McPherson and his wife crossed Cook Strait to settle his daughter in her university hall in Christchurch.
They were stranded in the South Island for a week after Interislander cancelled their booking with no alternative.
“We’re now finally booked on Bluebridge after an MIQ-style internet Hunger Games booking tournament,” he said.
“It’s pretty outrageous that the customers, not the ferry companies, have to carry the costs for such a fundamental failure of their core service provision.”
Scott Hammond/Stuff
Harbour View Motel owners Noddy and Caryn Robertson are based in Picton. Noddy said demand from stranded ferry travellers has inundated them all week.
The delays have had a knock-on affect for accommodation providers in Picton too, with Harbour View Motel owner Noddy Robertson saying they’ve been fully booked all week.
“It started when the first announcement of ferry problems when phone calls flooded through.”
“We made a decision that anyone affected wouldn’t be charged a cancellation. We heard people were sleeping in cars so we just did our best to get families and people in need into a room.”
Robertson said the delays were noticeable around town, particularly around Picton’s central square.
“Every inch is filled up with trucks and trailers that just can’t get across. They’re normally driven up and driven on to the boat, not parked up like that.”
“You just see people milling about too, looking a bit lost.”
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